Dismissed

Shaik Zainab W/o S.M.Zakirah (Ct No.3893) v. The Government of Andhra Pradesh

Telangana HC17 Jan 2022WA/1138/2015

Case brief

AI extract

What is this about?

Two writ appeals by relatives of prisoners lodged in the Prisoners' Agricultural Colony, Cherlapalli, seeking their release by extending the benefit of G.O.Ms.No.283, Home (Prisons-C) Department, dated 30.10.2010, and challenging para 4(iv) of that order. Counsel for the appellants sought permission to withdraw the appeals; the court dismissed them as withdrawn without costs.

What the court decided

AI extract

Shaik Zainab W/o S.M.Zakirah (Ct No.3893) Vs The Government of Andhra Pradesh — Telangana HC (2022) — LawSathi Research

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶2

I,IONDAY ,THE SEVENTEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY TWO

¶3

PRESENT

¶4

HoNOURABLE rHE cHrEF rr:I'3r sAISH GHANoRA SHARMA

¶5

THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI

¶6

WRIT APPEAL NOS: 1 138 AND 1099 0F 201s

¶7

WA No: 1138 of 2015

¶8

Writ Appeal under clause 15 of the Letters Patent Appeal preferred against the order dated 1110312014 passed in WP,No.973p/201 1 on the file of the High Court.

¶9

Between:

¶10

Shaik Zainab W/o S.M.Zakriah (Ct No.3893), House Wife, Rlio Flat No.G-12 (Phase A) Happy Homes Apartments, Upperpally Village, Rajendra Nagar Mandal

¶11

...APPELLANT/PETITIONER

¶12

AND

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'1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad.

¶14

The Superintendent, Prisoner's Agricultural Colony, Cherlapalli, (Open Air Jail) Ranga Reddy Diskict

¶15

(Cause title RR1 amended as per C.O. dt.8.12.2015 in WAMP.No. 1359/2015.)

¶16

... RESPONDENTS

¶17

WAMP. NO: 3002 OF 2015

¶18

Petition under Section 151 CPC praying that in the circumslances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to release the petitioner's husband S.M. Zakriah (C.No.3893) by extending to him the benelit of G.O.N/ls.No.283 Home (Prisons-C) Department, dated 30. 1 0.201 0

¶19

WAMP. NO: 534⁽ F 2016

¶20

Petition und )r Section 151 CPC praying that in the circumstances stated in the affidavit filed ir support of the^petition, the High Court may be^pleased to issue an order or direction r ore in the Nature of Writ of Mandamus, declaring the action of the 'l st Respondent h 'rein in unjustly incorporating Para 4 (iv) in GOMS 283 dated : 3011012010, as w 'olly arbitrary, highly illegal, unjust and unconstitutional, being violative of Article 14 & 21 of Constitution of lndia and consequently direct the Respondents to r€ ease the petitioner's husband S. M Zakriah (CT. No, 3893) by extending to him t re benefit, as has been done in other cases, in the rest of the GOMS 283 Hom€ (Prisons-C) Department, dated 30/10/2010 (by e):cluding the exceptions as incor )oraled in Para 4 of the G.O)

¶21

lA NO:^'l OF 2019

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Petition und( r Section 151 CPC^praying that in the circumstances stated in the affidavit fjled in support of the^petition, the High Court may be pleased to direct the respondent No. to release the^petitioneas husband S.N4 Zakriah, (C.l'. No. 3893) forthwilh who lodge i in Prisoners' Agricultural Colony, Cheflanalli, N,4edchal Districtin accordance with cla ]se 3 (d) of G.o.Ms. No,283, dated 31.10.201oof Honte (PrisonsC) Department and )n the directlons of the National Human Rights Commission, New Delhi vide its Case I lo. 17613611112019, d1.23.o2.2019.

¶23

WA NO: 1099 OF 2( 15

¶24

Writ Appeal L rder clause 15 of the Letters Patent Appeal^preferred against the order dated 1110312C 14^passed in W. P. No.'16800/201 1 on the file of the High Court.

¶25

Between:

¶26

Md.Akbar, S'o.Gulam Nabi, (C.T.No.3992), Occ: Driver, R/o.5-6-286, Subhanpura, I ampally, Hyderabad.

¶27

...APPELLANT/PE:TITIONER

¶28

AND

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1 . The State of T^,langana, Rep. by its Principal Secretary, Home Departrnent, Secretariat, H)^jerabad.

¶30

The Superintendent,^{Prisoner'sAgricultural Colony, Cherlapalli, (Open Air Jail)} Ranga Reddy Oistrict

¶31

(Rl is amended as^per C.O.^{daled 2518115 in WPMP 1358/15')}

¶32

.,.RESPONDENTS/RESPONDENTS

¶33

WAMP. NO: 2189 OF²⁰¹⁵

¶34

PetilionunderSectionl5lCPCprayingthatinthecircumstancesstatedin the affidavit filed in support^{of the petition,the HighCourt may be pleased to} Jiipen.e *ifn filing^{of iertifiedCopy of the order in WP'No.16800of 2011 dated} 11-03-2014,

¶35

WAMP. NO 919 0F 2 015

¶36

PetitionundersectionlslCPCprayingthatinthecircumstancesstatedin tne affiOavit filed^{in support of the petition, the HighCourt may be pleased to direct} inu i"rpono"nt" to^{release the petitioner,s Brotherl\ild.Habeen,ct.No.3992, by} "rl"nOing dated 30/10/2010.^{to him t the benefit of GOlVS.No.283 Home(Prisons-C)'Department'}

¶37

WAMP, NO: 533 oF²⁰¹⁶

¶38

PetitionunderSection,l5lCPCprayingthatinthecircumstancesstatedin the affida;it filed^{in support of the petition, the HighCourt may be pleasedto issue} an order or directlon^{more in the1tiature of Writ of lvlandamus,declaring the action} ot tn" t.t Respondent herein^{in unjustly incorporating Para4 (iv) in GOMS283} dated : 3O/10/i010, as^{whollyarbitrrry, highly illegal, uniustand un-constitutional,} being violative of Articles¹⁴ & 21 of^{Constitutionof lndia and consequentlydirect} the hespondents to release the^petitioner's brother^{Md.Akbar,S/o.Gulam'Nabi,} (C.T.N0.3992), by extending to him the benefit, as has been done^{in other} cases'ⁱⁿ the rest of the GONIS 283 Home (Prisons-C) Department, dated 30/10/2010^(by excluding lhe exceptions as incorporated in Para 4 of the G.O.

¶39

Counsel for the Appellant (in both WAs):SMT. PUSHPINDER KAUR

¶40

Counsel for the Respondents (in both WAs): GP FOR HOME

¶41

The Court delivered the following:

¶42

¶43

THE HON'E^,.8 CHIEF SATISH CIIANDRA

¶44

AND

¶45

THE H-( N'BLE SRI JUSTICE^{ABHINAND KUMARSIIAVILI}

¶46

WR: I

¶47

Nos.1138 and^1O9 9^{of 20 15}

¶48

COMMON JUD

¶49

Learnei counsel lor the appellants^{seekspermission of} this Court to withdraw^{the writ appeals.}

¶50

The^q r'it appeals are^{accordingl-v dismissedas} withdrawn. lhe miscellaneous^{applicationspending' if an1',}

¶51

shall stand cl lsed.^{Thereshallbe no order as to costs'}

¶52

r \

¶53

//TRUE COPY//

¶54

SD/.M.VIJAYA^BHASKAR DEPUTY REGISTRAR

¶55

SECTION^OFFICER

¶56

To,

¶57

1 . 2 CCs^{to Smt.} -cp^{P rshpinder Kaur,Advocate[OPUC]} 2. i'iJcc-.^t" for't-tor",^{High Court fort-hestate of Tetangana'[ouT]} 3. Two^{CD CoPies.} 4'^q\e S?are^{Cr'}td^} PM SB

I I

:!: . -

HIGH COUR"

DATED:17l0' 12022

1 .,. -s 14 14:
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23 ilB2022
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¶64

COMMON JU )GMENT

¶65

WA.Nos.1138 & 1099 of 2015

¶66

Dismissing th e WP As withdrawn Without costs.

¶67

u'?p$ @ M_..G-.v'

¶68

Shaik Zainab W/o S.M.Zakirah (Ct No.3893) v. The Government of Andhra Pradesh

Case brief

What is this about?

What the court decided

Shaik Zainab W/o S.M.Zakirah (Ct No.3893) v. The Government of Andhra Pradesh

Case brief

What is this about?

What the court decided

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